10-3-0005c
-
Wold, et al v. City of Poulsbo
Case Information
Motions and Hearings
Members and Parties
Issues
Orders
Status History
Deadlines
Case Log
Case Notes
Date Filed:
02/08/2010
Status:
Closed
Reason:
Poulsbo Ordinance 2009-14, amending Poulsbo's Comprehensive Plan
Closing Comments:
The Board finds and concludes the enactment of Ordinance 2009-14 by the City of Poulsbo complies with the goals and requirements of the GMA as denoted in the Petitioners' issue statements.
Orders
Date Issued
Document Title
2/16/2010
Wold, et al v. City of Poulsbo, Notice of Hearing and Consolidation
3/17/2010
Wold, et al v. City of Poulsbo, Prehearing Order
4/26/2010
Wold, et al v. City of Poulsbo, Order Extending Briefing Schedule and Denying Motion to Strike (re: Supplementation of the Record)
5/11/2010
Wold, et al v. City of Poulsbo, Order on Motions to Supplement the Record
5/11/2010
Wold, et al v. City of Poulsbo, Order on Dispositive Motions - City of Poulsbo's Motion to Dismiss
8/9/2010
Wold, et al v. City of Poulsbo, Final Decision and Order
9/3/2010
Wold, et al v. City of Poulsbo, Order Denying Petitioners' Motion to Strike City's Answer to Motion for Reconsideration
9/3/2010
Wold, et al v. City of Poulsbo, Order Denying Reconsideration
Motions
Motion
Date Filed
Decision
Decision Date
City of Poulsbo's Motions to Dismiss
4/2/2010
Partial
5/11/2010
Petitioners' Motion to Supplement the Record
4/2/2010
City of Poulsbo’s Objections and Motion to Strike Portions of the Reply Briefs of Petitioners Wold, Cellucci and Lee
6/23/2010
Petitioners' Motion for Reconsideration 8/19/10
8/19/2010
Denied
9/3/2010
Petitioners' Motion to Strike City's Answer to Motion for Reconsideration
9/1/2010
Denied
9/3/2010
Hearing Dates
Event Type
Location
Hearing Date
Start Time
End Time
HOM
Poulsbo Library, 700 NE Lincoln St.
6/23/2010
10:00 AM
1:00 PM
Case Members
Member Name
Member Role
William Roehl
Member
Margaret Pageler
Member
Dave Earling
Presiding Officer
Case Parties
Party Type
Party Name
Represents
Petitioner
Janet Wold
Pro Se
Petitioner
Carlotta Cellucci
Pro Se
Petitioner
Molly Chamberlin Lee
Pro Se
Attorney
James E. Haney
Respondent City of Poulsbo
Respondent
City of Poulsbo
Respondent
Barry A. Berezowsky
Case Issues
Number
Issue Type
Issue
1
11. Citizen Participation and Coordination
Violate 36.70A.020(11) by not encouraging direct involvement of citicens in planning process (such as advisory or stakeholder groups) and failing to ensure coordination between communities and jurisdictions such as Naval Bas Kitsap [Wold Issue 1]
10
Forest Lands
Violate .020(8), .040, .210 by failing to adopt DRs to protect NR lands [Lee 4.6, 4.23, in part]
11
Forest Lands
Violate .020(6) .040, .050, .060, .140(a)-(b), .165, .177 regarding Forest Land w/in City limits and UGA which Dept. of Natural Resources has categorized as Desgianted Forestry but are not mapped/identified as such by CP [Lee 4.5, 4.8, 4.23, in part]
12
Agricultural Lands
Violate .070(1) by not protectiing Ag and Forest lands and .177(1)-(4) by not conserving Ag lands and encouragiing non-Ag uses [Wold 7 and 14]
13
Forest Lands
Violate .060 and .170 by failing to have DRs requiring notice to title [Lee 4.7 and 4.9]
14
Various Goals
Violate .020(1), .020(2) .020(3) .020(4) by adopting low/irregular housing densisties and sprawl in City and artificially inflating acreage needed for UGA; and not encourage urban growth in areas with facilities [Wold 1A, 1B, 1C, 1D]
15
UGA Sizing - OFM Population/Density
Part A - Violate .110(1), .110(2), .110(3) by failing to characterize UGA by urban growth, using unrealistically low building densities creatiing
15
UGA Sizing - OFM Population/Density
Part B - Violate .110(3) by omitting sequential order for staging growth in implementing various GMA Goals [Lee 4.25]
16
Open Space/Greenbelts
Violate .020(9), .110(2), .160 and 365-195-335 by not including greenbelt/open space corridors within & between UGAs that are connected, including wildlife habitat & travel corridors AND .070(1) by not protecting areas for recreation/open space corridor [Wold 1G, 2C, 7, 12; Lee 4.3]
17
Land Capacity Analysis
Violate .040 by reporting and implementing an inconsistent analysis of population allocated to city/county from most recent 10 year OFM in the CP, SEIS, Buildland Lands Analysis, growth allocations and Cap Facilities Plan [Wold 5]
18
Land Capacity Analysis
Violate .130(1)(a) , .130(1)(c)-(d), .130(2)(a)-(b), .130(3)(a)-(b) by not appropriately reviewing the population, housing densities, extent to which urban growth haws located w/in City, the unincorporated portion s of UGA, and the County, when documents show inconsistent between actual growth and allocated growth [Wold 10]
19
Land Capacity Analysis
Violate .020(1), .110(2), .115 by manipulating methodology for calculating projected densities & population allocations and ignoring historic growth patterns that have exceeded projected populations density goals across all housing densities [Lee 4.28]
2
Process
Violation of 36.70A.130(2)(a) and .140 by not providing appropriate opportunity for public comment w/out establishing & broadly disseminating a public participation program providing early/continous participation and, if such a program exists, following it consistently [Wold Issue 1i]
20
UGA Sizing - OFM Population/Density
Violate .110(3) . 070(3)(e), .070(3) .020(1) .020(2), .020(6), .020(8), .020(9), .020(12) by annexing/converstiing undeveloped lands w/ little or no infrastructure ahead of infrastructure-rich land when city is not financially capable of providiing services
21
External - CP/DR to Other Plan
Violate .210(1) by altering its land use powers based on directon from county and CPPs when, for example, buidling densities used by city where based on county direction rather than city planning densities, documents, DRs, and on-the-ground facts/actions [Wold 16]
22
Reasonable Measures
Violate .215(3)(b)-(c) by not reviewing housing needs and density ranges to determine the amount of land needed for the 20-year planning period when both CP and SEWIS are based on hypothetical housing density w/ no correlation to each other, on the ground facts, records, or realistic planning projections for past decade [Wold 20]
23
Reasonable Measures
Vioalte .215(1)(a), .215(2)(a) by failing to collect data on urban/rural land uses, development, critical areas, and cap facilities necessary to determine quantity/type of land suitable for development and failing to determine urban densities achieved w/in UGA by comparing actual vs. assumptions [Wold 17, 18]
24
Reasonable Measures
Violate .215 by enforcing only min. densities and not planning for/mandating max densities when, for example, the city determined that CP and SEIS where inconsistent in regards to housing densities/population but took action which exacerbates inconsistencies rather than reduce [Wold 19, Lee 4.26]
25
Amendments - Regular/Emergency
Violate .500(3)(a) by using grants by not preparing integrated environmental analysis, therefore failing to address environmental impacts and consequents as required by .500(3)(b), .500(3)(d) [Wold 21, 22]
26
SEPA Procedures
Violate 43.21C.010, .020, .030, .331 by acting arbitrary [Lee 4.31]
27
Internal - CP to CP
Violate .070 Preamble/Mandatory Elements which requires consistent plans
28
External - CP/DR to Other Plan
Violate .070 when plans are not consistent, City's CP to Kitsap CPPs
29
Internal - CP to CP
Violate .070(3) by failing to havng a Cap Facilities Plan that is coordinated w/ financial plan and .070(3), .070(8) when, for example, Parks & Recreation element is not consistent/coordindated w/ Cap Facilities Plan [Wold 8, Lee 4.18]
3
Notice
Violation of 36.70A.035 by providing only difficult to find legal notices in newspaper and on clipboard at Post Office and Library, not notifying interested public/private groups and individuals who requested [Wold Issue 4]
30
Internal - CP to DR
Violate .172, .070, when CAO is incosnsitent w/ Comp Plan Element and LCA methodologies and Kitsap CPPs, Buildable Lands, Sub-Area Plans, etc [Wold 15, 1G; Lee 4.23, 4.29, 4.3, 4.4]
31
Internal - CP to CP
Violate .010 uncoordinated growth when, failed to be guided by CP Tables and SEIS [Lee 4.27]
32
6. Property Rights
Violate .020(6) and .370 by desiganted areas w/in UGA & City as open sapce - eminent domain after an indeterminate span of time [Lee 4.1]
33
6. Property Rights
Violate .150, .160, .165 by avoiding substantive due process - retroactive legislation & takings of designated open space to critical area buffers
34
Water
Part A - violated .020(12), .070(3) .040(4), .070(6), .120 - by not demonstrating sufficeint water supply/capacity/rights to meet forecasted population projects and failing to reassess Lan dUse element because of this shortfall [Lee 4.10, .414, 4.23]
34
Sewer
Part B - violated .020(12), .070(3), .070(4), 070(6), .120 by failing to account for converson of existing homes from private wells/septic to City services [Lee 4.11, 4.23]
34
Level of Service
Part C - Violate .020(12), .070(3), .070(4), 070(6), .120 by failing to have specific plans to bring defficient road/infrastructure up to LOS minimum and discussion of addt'l funds/plans to address LOS deficiences [Lee 4.17]
34
Concurrency
Part D - violate .020(12) .070(3), .070(4), 070(6), .120 by failing to ensure adequate public faciltiies/services w/out decrease in LOS and not performing activities in conformity w/ capital budget decisions when, for example, City has not had adequate funding to maintan existing roads or newly annexed roads [Wold 1J and 9]
35
Financing Plan
Violate .070(3) .070(6) .070(8) by failing to accurately and adequately identify fudning sources in 2009 6-year CIP and arbiitrarily choosing ID funding sources in 2010 Cap Facilities Plan [Wold 8, Lee 4.12, 4.13, 4.16, 4.18]
36
Various Goals
Violate .020(1), .020(2), .020(12), .070(3) in lighf the adequacy requirements of CP Policies [Lee 4.15]
37
Amendments - 7 year review
Violate .130(4)(a) because City did not complete its CP Update on time
38
5. Economic Development
Violate .020(5) by adopting a CP/DR thatprovides excessively large industrial/commercial development areas and low-density residential sprawl which leads to empty businesses in downtown area as well as in Bremerton [Wold 1E]
4
Interjurisdictional - Military Installations
Violation of 36.70A.530 by failing to notify and/or seek recommendation from Naval Base Kitsap since base is 0.7 miles from city limits [Wold Issue 23]
5
Protection of Water Supplies
Violation of.020(9), .020(10), and .070(1) by not reviewing flooding and stormwater run-off and failing to protect ground water, aquifer recharge, water quality, and provide corrective actions to mitigate/clenase discharges to waters of Puget Sound
6
8. Natural Resources
Violation of .020(8) when CP encourages low-density housing and industrial/commercial sprawl that will narm natural resource industries, for example, Puget Sound fishing and shellfish Harvest [Wold 1F]
7
Fish & Wildlife Habitat
Violation of .020(9), .020(10), .172(1) by not giving special consideration to anadromous fish & wildlife and considering BAS when adopting DRs [Wold Issues, in part 1H and 13]
8
Fish & Wildlife Habitat
Violate .070, .172, .020(9) by failing to designate/protect FWHCA and their connectivity and having inconsistent documents given that CAO provides for FWHCA protection yet neither CAO nor CP identify these areas w/in City or UGA - leaving staff/developers to identify the areas w/out the benefit of BAS [Wold 15 and 1G, in part]
9
Development Regulations
Violation of .060(6), .020(9), .020(10) by designating open space w/in critical area buffers and amending DRs to meet the needs of development adjacent to open spaces that exist in place of critical area buffers [Lee 4.30, 4.4, 4.23, in part]
Status History
Status
Date
Closed
8/10/2010
FDO Pending
2/11/2010
Deadlines
Trigger
Description
Days
Current Deadline
Status
Extension
Date Filed
Notice of Hearing and Preliminary Schedule
10
Open
Date Filed
Deadline for Receipt of Index
30
Open
Date Filed
Prehearing Conference
31
Open
Conference Date
Prehearing Order
7
Open
Date Filed
Additions to Index
44
Open
Date Filed
Dispositive Motions Due
54
Open
Date Filed
Motions to Supplement
59
Open
Date Filed
Response to Disp. Motions
64
Open
Date Filed
Response to Motions to Supplement
69
Open
Date Filed
Petitioner's Opening Brief
99
Open
Date Filed
Responsive Brief
120
Open
Date Filed
Reply Briefs
127
Open
Date Filed
Hearing on Merits
135
Open
Date Filed
Final Decision
180
Open
Motion Filing
Response to Motion
10
Open
Motion Filing
Order on Motion
20
Extended
9/8/2010
Date Filed
Order on Dispositive Motion
74
Open
Date Filed
Order on Motion to Supplement
79
Open
Case Logs
Date Filed
Log Type
Description
Filed By
Pages
Exhibits
2/8/2010
Pleading
Petition for Review - Wold
Wold
2/8/2010
Pleading
Petition for Review - Lee
Lee
2/16/2010
Order
Notice of Hearing and Consolidation
2/23/2010
Pleading
Board Memo - Consolidation of Issues
Board
3/17/2010
Order
Prehearing Order
4/2/2010
Motion
City of Poulsbo's Motions to Dismiss
James Haney
4/2/2010
Motion
Petitioners' Motion to Supplement the Record
Wold, et al
4/26/2010
Order
Order Extending Briefing Schedule and Denying Motion to Strike (Re: Supplementation of the Record)
5/3/2010
Order
Order on Revised Dates for Board Order on Motions and Briefing Schedule
5/11/2010
Order
Order on Motions to Supplement the Record
5/11/2010
Order
Order on Dispositive Motions - City of Poulsbo's Motion to Dismiss
6/15/2010
Order
Agenda for Hearing on the Merits
6/23/2010
Motion
City of Poulsbo’s Objections and Motion to Strike Portions of the Reply Briefs of Petitioners Wold, Cellucci and Lee
8/9/2010
Order
Final Decision and Order
8/19/2010
Motion
Petitioners' Motion for Reconsideration 8/19/10
Wold, Cellucci, Lee
9/1/2010
Motion
Petitioners' Motion to Strike City's Answer to Motion for Reconsideration
Wold; Cellucci; Lee
9/3/2010
Order
Order Denying Reconsideration
9/3/2010
Order
Order Denying Petitioners' Motion to Strike City's Answer to Motion for Reconsideration
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